Evening star. [volume] (Washington, D.C.) 1854-1972, 1887-12-29

HISTOkr OF THE CONTROVERSY BETWEEN TIE DIS
TRIcT COMMISSIONERS AND THE Lor-HoLDERs OF
PROSPECT cEMETERY-wHAT COL LUDLOW SAYS
There appears to be division Of sentiment
among offcers and iot-owners Of the Prospect Hill
Cemetery respecting the extension OF North Capt.
tol street through property belonging to the ceme-
terry association. At q meeting last night OF
number OF directors OF the association who repre-
sent what Is called the Independent lot-owners 1t
was decided to oppose the proposed street exten-
sion. MI. w. F. Mattingly has been retained as
legal adviser The consummatton Of the plan to
extend the street has already been delayed by
legal action begun by Mrs. Barbour. an owner OF
property on the line OF the extension who objected
to proceedings instituted to condemn q right Of
way through her property.
GEN. BoYNToN's CRrrICIsX.
The action Of the Commissioners respecting this
proposed street extension is made the subject of
letter to the Cincinnati Commercial Gazette by
Gen. d. V. Boynton, who crlticiSes the Engineer
Commissioner, Col Ludlow. Gen. Boynton
cnarses that Col Ludlow, without authority, sent
a Iorce OF workmen to tear down the fence OF the
German buryingground and cut away the trees
within along the line OF the proposed extension.
He states that the contemplated extension cuts
tnrougn ana destroys about 500 burial lots. He
quotes Col Ludlow as saying that "there is MOTH
cemetery"
DENIAL BY COL LUDLOW.
Gen. Boynton's letter, In every instance where 1t
purported to give facts. misrepresented them. The
language attributed to him, he said ne had never
useu ms only statement respecting the proposed
extension was that made In mis- annual report.
THE FACTS As STATED AT THE COMMISSIONERS OFFICE.
Ihe facts concerning the proposed street exten-
slon as learned by STAR reporter at the District
Commissioners office, are as follows: Upon receiv-
Ing petition from property owners interested,
the commissioners proceeded in the manner pre-
scrioed by law for opening new roads. Those VINO
nad objections TO make were invited to appear at
the District Commissioners Office on a given
Gay: tay AZ the time named number OF
cials OF the cemetery association. were
present. but none Of them had any objection to
make subsequently Mrs Barbour appeared and
Was made after the time fixed by advertisement,
and was 10 that extent Irregular, the COmmiS-
M ss SeSdea S TO regard Il as formal ma and
make such objection. Hence, In accordance with
the provisions OF law, the Commissioners took
steps TO have jury summoned to consider the
damages that might be done TO Mrs Barbour's
property by the proposed extension Mrs Barbour
thereupon applied 10 the court and obtained
PRELIMINARY INJUNCTION
to stop the condemnation proceedings. legal
difficulty arose from the fact that the act incor-
porating the cemetery forbade the opening OF a
road through the property Of the corporation ex-
clusively appropriated TO the purpose OF a ceme-
terry To avoid the necessity OF obtaining Con-
voluntarily Tiled at the surveyors Office new SUBJ
division Of the II acres owned by the cemetery,
reserylng the 10 acres on one side OF the
line Oh North Capitol street TO cemetery
purposes and dividing the acres on the other
side OF the line into building lots. This IL was
thought removed the legal objection. The line Of
extension. II Is stated In the engineers Office,
passed through portion OF the property that had
never actually been used as a buTying-grOund, no
Durals having been made In 1t, and which, under
the new suDdIvsion Is no longer reserved FOR bur-
lal purposes. Some time ago, at the request Of
properLy-owners along the line, district
workmen were directed to cut the trees
from the ground dedicated for the roadway,
the intention being to give the wood cut from 1t TO
the poor. The workinen, ii doing this. avoided
Mrs. Barbour's property. They bcgun work on The
cemetery property, but work there was stopped
when complaint was made. Some Of the lot-own-
erS OF the cemetery association have begun action
In court TO en1oin The commissioners from extend
Ing the street as planned. The proceedings, SO lar
a. the official acts or the Commissioners Office are
concerned, have been, Col Ludlow says, regular
and lawful, the steps prescribed by law having
been folIowei carefully. The CoInniSs oners had
acted In the Interest or the District 10 secure,
when IT was one ed, valuable right OF way, TO re-
fuse which would have bet an act OF stupidity.